European Parliament resolution on the humanitarian situation of Camp Ashraf residents

European Union: European Parliament, European Parliament resolution on the humanitarian situation of Camp Ashraf residents, 24 April 2009, P6_TA(2009)0311, available at: http://www.refworld.org/docid/4a043f002.html [accessed 3 March 2015]

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Adopted by the Parliament on 24 April 2009 in Strasbourg.

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The European Parliament,

- having regard to the Geneva Conventions and notably Article 27 of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War,

- having regard to the Geneva Convention of 1951 relating to the Status of Refugees and the 1967 Protocol thereto,

- having regard to the Status of Forces Agreement between the US and Iraqi Governments, signed in November 2008,

- having regard to its resolution of 12 July 2007 on the humanitarian situation of Iraqi refugees(1) and its resolution of 4 September 2008 on executions in Iran(2), which include references to Camp Ashraf residents having legal status as protected persons under the Fourth Geneva Convention,

-having regard to Rule 115(5) of its Rules of Procedure,

A.- whereas Camp Ashraf in Northern Iraq was established during the 1980s for members of the Iranian opposition group People's Mujahedin Organisation of Iran (PMOI),

B.- whereas in 2003 US forces in Iraq disarmed Camp Ashraf's residents and provided them with protection, those residents having been designated "protected persons" under the Geneva Conventions,

C.- whereas in a letter dated 15 October 2008 the UN High Commissioner for Human Rights urged the Iraqi Government to protect Camp Ashraf residents from forcible deportation, expulsion or repatriation in violation of the non-refoulement principle, and to refrain from any action that would endanger their life or security,

D.- whereas following the conclusion of the US/Iraqi Status of Forces Agreement, control of Camp Ashraf was transferred to the Iraqi security forces as of 1 January 2009,

E.- whereas, according to recent statements reportedly made by the Iraqi National Security Advisor, the authorities intend gradually to make the continued presence of the Camp Ashraf residents "intolerable", and whereas he reportedly also referred to their expulsion/extradition and/or their forcible displacement inside Iraq,

1.- Urges the Iraqi Prime Minister to ensure that no action is taken by the Iraqi authorities which violates the human rights of the Camp Ashraf residents and to clarify the Iraqi government's intentions towards them; calls on the Iraqi authorities to protect the lives and the physical and moral integrity of the Camp Ashraf residents and to treat them in accordance with obligations under the Geneva Conventions, in particular by refraining from forcibly displacing, deporting, expelling or repatriating them in violation of the principle of non-refoulement;

2.- Respecting the individual wishes of anyone living in Camp Ashraf as regards his or her future, considers that those living in Camp Ashraf and other Iranian nationals who currently reside in Iraq having left Iran for political reasons could be at risk of serious human rights violations if they were to be returned involuntarily to Iran, and insists that no person should be returned, either directly or via a third country, to a situation where he or she would be at risk of torture or other serious human rights abuses;

3.- Calls on the Iraqi Government to end its blockade of the camp, to respect the legal status of the Camp Ashraf residents as protected persons under the Geneva Conventions, and to refrain from any action that would endanger their life or security, i.e. to afford them full access to food, water, medical care and supplies, fuel, family members and international humanitarian organisations;

4.- Calls on the Council, the Commission and the Member States, together with the Iraqi and US Governments, the UN High Commissioner for Refugees and the International Committee of the Red Cross, to work towards finding a satisfactory long-term legal status for Camp Ashraf residents;

5.- Instructs its President to forward this resolution to the Council, the Commission, the Governments and Parliaments of the Member States, the UN High Commissioner for Refugees, the International Committee of the Red Cross, the Government of the United States of America and the Government and Parliament of Iraq.